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Ordinance - 1890ORDINANCE NO. 1890 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE, CHAPTER 26, AS IT RELATES TO THE TEMPORARY USE PERMIT PROVISIONS FOR AUTO DEALERSHIP PROMOTIONAL EVENTS (AMENDMENT NO. 242). • WHEREAS, the City received requests to review the current provisions for temporary use permits for auto dealership promotional events; and WHEREAS, the City Council considered these requests in light of the historical development of these provisions and requirements, and possible impacts associated with any changes thereto; and WHEREAS, in light of the current economic recessionary period, the City Council on April 8, 1991, adopted Resolution No. 8671 directing staff to proceed with studies and investigations for a possible code amendment relating to the temporary use permit provisions for 'auto dealerships, to be considered at a duly noticed public hearing before the Planning Commission; and WHEREAS, staff conducted field studies and surveys of how automobile dealership promotional events in other communities compare with respect to balloon display, banners, roof -mounted tethered balloons and special temporary use permit procedures; and WHEREAS, the Planning Commission upon giving the required notice, did on the 18th day of September, 1991, conduct a duly advertised public hearing as prescribed by law; and WHEREAS, the oral and documentary evidence considered in connection with the code amendment reveal the following facts: 1. The General Plan of the City of West Covina maintains as one of its policies the preservation and strengthening of West Covina's existing commercial development, thereby preventing economic deterioration. 2. The purpose of the temporary use permit provisions is to allow a temporary use to occur after the City has reviewed and approved a temporary use permit application; the intent of the temporary use permit provisions is to assure that the site is adequate to accommodate the use, and that such use will not have a substantial adverse effect upon the use, or enjoyment of property in the neighborhood of the proposed use or upon the public safety,. health or general welfare. 3. The automobile dealerships' use of roof -mounted cold air tethered balloons and wall -mounted banners, with an approved temporary use permit, and which complies with the standards contained within the temporary use provisions, may attract new business. 4. In the interest of making the language of the code more objective and consistent, the City Attorney has indicated the term "automobile dealerships," as contained in the existing temporary use permit provisions, be replaced with "uses with designated outdoor display areas on approved precise plans." 5. In an effort to further streamline the promotional events process for auto dealerships, the weekend display of nonmetallic balloons, strung and attached to antennae and light standards, will not require approval of a temporary use permit, but shall comply with the standards contained within the temporary use provisions. 0781-91/C:CC\A242TUPA.DLR Ordinance No. 1890 Amendment 242 TUP Autodealers October 2, 1991 - Page 2 NOW, THEREFORE, the City Council of the City of West Covina does ordain as follows: Section No. 1: Based upon the evidence presented and findings set forth, Amendment No. 242 is hereby approved as consistent with and serves to implement the City's General Plan. Section No. 2: Based upon the evidence presented and findings set forth, Chapter 26, ARTICLE XI. NONRESIDENTIAL USES is hereby amended to read as follows: ARTICLE XI. NONRESIDENTIAL USES Sec. 26-609.5. Same - Promotional event; autemebile dealership uses with designated outdoor display areas on approved precise plans. (a) The outdoor display sale or dispensing of merchandise or food, and temporary signs relating thereto, during special promotional events conducted wholly on private property, may be permitted for any autemebile dealership a business located on a seventy-five thousand (75,000) square foot or larger site that has an approved precise plan designating a minimum of four thousand (4,000) square feet of the site for "outdoor display" area as allowed under the provisions of section 26-597 of this chapter. +e}Ll Seh eves Promotional events may be scheduled by individual temporary use permits or a single temporary use permit describing and scheduling the events throughout a calendar year. The number of days allowed for the type of event is described in provisions (c) and (d) of this section (c) The following type of temporary signs shall be permitted with approval of a temporary use permit: (1) Unilluminated wall -mounted banner(s) made of cloth vinyl or canvas, not to exceed a cumulative square footage of one hundred sauare feet shall be permitted for thirty (30) consecutive days. a. Additional temporary use permits can be issued for wall - mounted banners. The additional permits are limited to two (2) additional permits in a calendar year, for a J maximum period of time of twenty-one (21) days per permit. Vn, /./ c�.� icc%- lII 1iC1 IL I- ailu l-w �'11 L. GV" Ieejermitted fora eriod not to exceed tw or eight (8) weekends in a calendar year. a. The fee for the permit shall be paid as allowed per permit is three (3) days IV b. Only cold air balloons tethered flush to the roof top are permitted. Blimp style, character -shaped other customized balloons and pennant flags attached to the 0781-91/C:CC\A242TUPA.DLR Ordinance No. 1890 Amendment 242 TUP Autodealers October 2. 1991 - Page 3 Planning Director as to design, color, location and any other considerations that the Planning Director deems • necessary. E SALE � .20' max. log (d) A temporary use-fle"'.__ =R; t with a-eal endaryear sehedu l e- may be medified with review and the planning direeter. include Fridays, and in the case of holiday weekends such as Memorial and Labor Day, that Monday shall also permit balloon display. No temporary use permit is required nelgnt or the strung balloons shall not exceed thirty-five (351) feet from the around level and shall be appropriately fastened with guy wires so no part of said display encroaches upon or overhangs adjacent property or public right-of-way Section No. 3: It has been determined that this project, which consists of a minor alteration in land use limitations which does not result in changes in land use or density, is categorically exempt pursuant to Section 15305 (Class 5) of the State CEQA Guidelines and no Environmental Impact Report or Negative Declaration of Environmental Impact is required. Section No. 4: The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this 28th day of October, 1991. ATTEST City_ Clerk 0781-91/C:CC\A242TUPA.DLR �J 9 Ordinance No. 1890 Amendment 242 TUP Autodealers October 2. 1991 - Page 4 I, Janet Berry, City Clerk of the City West Covina, do hereby certify that the foregoing Ordinance No. 1890 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 7th day of October,1991That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 28th day of October, 1991 by the following vote, to wit: AYES: Jennings, Herfert, Manners, McFadden NOES: None ABSENT: ^Tarozzi City Clerk' APPROVED AS TO FORM: City' ttorney—,' VA 0781-91/C:CC\A242TUPA.DLR CERTIFICATION I, JANET BERRY, Deputy City Clerk of the City of West Covina, State of California, do hereby certify that a true and accurate copy of Ordinance Nowas published, pursuant to law, in the San Gabriel Valley Tribune, a newspaper of general circulation published and circulated in the City of West Covina. J DATED: Janet Berry, City Clerk City of West Covina, California r,